Does workers’ comp cover out-of-state injuries?

Workers Compensation - July 11, 2024

If you work for your employer in another state, you may worry about how you will cover your expenses if you get injured in a work-related accident. It may sometimes be unclear whether worker’s comp will cover your out-of-state injury.

Fortunately, with the legal guidance and advice of a highly experienced Chicago workers’ compensation attorney from Horwitz, Horwitz & Associates advocating for your rights, you can get the answers you need when you need them most.

When workers’ comp insurance is required in Illinois

A workers’ comp injury out of state could be devastating. Fortunately, Illinois law requires most employers to provide their workers with worker’s comp protection insurance. In fact, according to the Illinois Workers’ Compensation Commission (IWCC), every business with at least one full-time employee is required to carry workers’ compensation coverage.

As long as your employer is based in Illinois, it does not matter where the accident occurred. You should be protected by your employer’s workers’ comp insurance policy. It is important to note that you do not need to be a full-time employee to qualify for workers’ comp benefits. As long as you are an on-the-books worker, if you work part-time, full-time, or seasonally, you should be protected.

Some types of workers are exempt from workers’ comp

Getting workman’s comp for an out-of-state injury should not be as difficult as it can be. It is important to understand your employee classification to determine whether you can collect benefits from your employer. Certain types of workers are exempt from workers’ comp.

For example, independent contractors, freelancers, and other sole proprietors are not covered by their client’s workers’ comp protection insurance, but they do have the option of purchasing this coverage to protect themselves. If you are unsure whether you are eligible for workers’ comp, do not hesitate to consult your Chicago catastrophic injury attorney with Horowitz, Horowitz & Associates.

Workers’ comp may cover employees temporarily working out of state.

Companies that require their employees to work in another state will generally need to carry extraterritorial insurance coverage. This is additional insurance that is designed to cover employees who work out of state for a short amount of time. If your employer is required to carry extraterritorial insurance but fails to do so, instead of forfeiting your right to file a personal injury lawsuit, you may have the right to file a legal claim against them. Every case is different, so you will need to discuss the specifics of your work injuries with your Chicago personal injury lawyer.

Your employer may also be able to purchase workers’ comp insurance in another state with a limited reciprocity agreement. If you work in another state for a certain length of time, you may be able to collect workers’ comp through your employer’s limited reciprocity agreement. Under 820 ILCS 305, while Illinois does recognize extraterritorial insurance, the state does not offer limited reciprocity agreements. However, that does not mean that states offering limited reciprocity agreements will not recognize those purchased by Illinois businesses.

Turn to a highly experienced Chicago workers’ comp attorney for help accessing the benefits you deserve

If your employer requires you to work out of state, their workers’ compensation insurance benefits should protect you. Unfortunately, this is one of those areas where insurance companies are more likely to push back when you file a claim. For this reason, it may be in your best interests to consult a reputable Chicago workers’ compensation lawyer from Horwitz, Horwitz & Associates to ensure the insurance company processes your claim fairly.

If you need help with filing a workers’ comp claim or want to appeal the insurance company’s denial of your claim, our legal team is here to assist you. With decades of legal experience and countless wins on appeal, you can rely on us to help you through these tough times. Complete our convenient contact form or call us at (800) 985-1819 to schedule your free consultation today.